American Indian Religious Freedom Act Amendments of 1994 (Enrolled Bill
(Sent to President))

H.R.4230

One Hundred Third Congress of the United States of America AT THE SECOND
SESSION Begun and held at the City of Washington on Tuesday, the
twenty­fifth day of January, one thousand nine hundred and ninety­four.

An Act

To amend the American Indian Religious Freedom Act to provide for the
traditional use of peyote by Indians for religious purposes, and for other
purposes.

Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,

SECTION 1. SHORT TITLE.This Act may be cited as the `American Indian
Religious Freedom Act Amendments of 1994'.

SEC. 2. TRADITIONAL INDIAN RELIGIOUS USE OF THE PEYOTE SACRAMENT. The Act
of August 11, 1978 (42 U.S.C. 1996), commonly referred to as the `American
Indian Religious Freedom Act', is amended by adding at the end thereof the
following new section:

SEC. 3. (a) The Congress finds and declares that­­ `(1) for many
Indian people, the traditional ceremonial use of the peyote cactus as a
religious sacrament has for centuries been integral to a way of life, and
significant in perpetuating Indian tribes and cultures; `(2) since 1965,
this ceremonial use of peyote by Indians has been protected by Federal
regulation; `(3) while at least 28 States have enacted laws which are
similar to, or are in conformance with, the Federal regulation which protects
the ceremonial use of peyote by Indian religious practitioners, 22 States have
not done so, and this lack of uniformity has created hardship for Indian people
who participate in such religious ceremonies; `(4) the Supreme Court of the
United States, in the case of Employment Division v. Smith, 494 U.S. 872 (1990),
held that the First Amendment does not protect Indian practitioners who use
peyote in Indian religious ceremonies, and also raised uncertainty whether this
religious practice would be protected under the compelling State interest
standard; and `(5) the lack of adequate and clear legal protection for the
religious use of peyote by Indians may serve to stigmatize and marginalize
Indian tribes and cultures, and increase the risk that they will be exposed to
discriminatory treatment. `(b)(1) Notwithstanding any other provision of
law, the use, possession, or transportation of peyote by an Indian for bona fide
traditional ceremonial purposes in connection with the practice of a traditional
Indian religion is lawful, and shall not be prohibited by the United States or
any State. No Indian shall be penalized or discriminated against on the basis of
such use, possession or transportation, including, but not limited to, denial of
otherwise applicable benefits under public assistance programs. `(2) This
section does not prohibit such reasonable regulation and registration by the
Drug Enforcement Administration of those persons who cultivate, harvest, or
distribute peyote as may be consistent with the purposes of this Act. `(3)
This section does not prohibit application of the provisions of section
481.111(a) of Vernon's Texas Health and Safety Code Annotated, in effect on the
date of enactment of this section, insofar as those provisions pertain to the
cultivation, harvest, and distribution of peyote. `(4) Nothing in this
section shall prohibit any Federal department or agency, in carrying out its
statutory responsibilities and functions, from promulgating regulations
establishing reasonable limitations on the use or ingestion of peyote prior to
or during the performance of duties by sworn law enforcement officers or
personnel directly involved in public transportation or any other
safety­sensitive positions where the performance of such duties may be
adversely affected by such use or ingestion. Such regulations shall be adopted
only after consultation with representatives of traditional Indian religions for
which the sacramental use of peyote is integral to their practice. Any
regulation promulgated pursuant to this section shall be subject to the
balancing test set forth in section 3 of the Religious Freedom Restoration Act
(Public Law 103­141; 42 U.S.C. 2000bb­1). `(5) This section shall
not be construed as requiring prison authorities to permit, nor shall it be
construed to prohibit prison authorities from permitting, access to peyote by
Indians while incarcerated within Federal or State prison facilities. `(6)
Subject to the provisions of the Religious Freedom Restoration Act (Public Law
103­141; 42 U.S.C. 2000bb­1), this section shall not be construed to
prohibit States from enacting or enforcing reasonable traffic safety laws or
regulations. `(7) Subject to the provisions of the <B>Religious
Freedom Restoration Act (Public Law 103­141; 42 U.S.C. 2000bb­1), this
section does not prohibit the Secretary of Defense from promulgating regulations
establishing reasonable limitations on the use, possession, transportation, or
distribution of peyote to promote military readiness, safety, or compliance with
international law or laws of other countries. Such regulations shall be adopted
only after consultation with representatives of traditional Indian religions for
which the sacramental use of peyote is integral to their practice. `(c) For
purposes of this section­­ `(1) the term `Indian' means a member of
an Indian tribe; `(2) the term `Indian tribe' means any tribe, band, nation,
pueblo, or other organized group or community of Indians, including any Alaska
Native village (as defined in, or established pursuant to, the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.)), which is recognized as eligible
for the special programs and services provided by the United States to Indians
because of their status as Indians; `(3) the term `Indian religion' means
any religion­­ `(A) which is practiced by Indians, and `(B) the
origin and interpretation of which is from within a traditional Indian culture
or community; and `(4) the term `State' means any State of the United
States, and any political subdivision thereof. `(d) Nothing in this section
shall be construed as abrogating, diminishing, or otherwise affecting­­
`(1) the inherent rights of any Indian tribe; `(2) the rights, express
or implicit, of any Indian tribe which exist under treaties, Executive orders,
and laws of the United States; `(3) the inherent right of Indians to
practice their religions; and `(4) the right of Indians to practice their
religions under any Federal or State law.'

Speaker of the House of Representatives.Vice President of the United
States andPresident of the Senate.